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HomeMy WebLinkAbout10-16-84 CCMLAKE ELMO CITY COUNCIL MINUTES - - -- :1 OCTOBER 161 1984'yT,. The meeting was called to order by Mayor Eder at 7:00 p.m. in the City Council chambers. Present: Dunn, Fraser (arrived 7:10 p.m.), Mazzara, Morgan, City Administrator Klaers, City Engineer Bohrer. 1. Agenda M/S/P Mazzara/Morgan - To approve the agenda as amended. Delete 7F 4 and 5, add 7G-1 Salary Ordinance, 7G-2 Election Judges, 7G-3 David Nelson Preliminary Plat and Variances. (Motion carried 4-0). 2. Minutes: October 2, 1984 M/S/P Dunn/Mazzara - To approve the minutes of the 10-2-84 City Council meeting as presented. (Motion carried 4-0). 3. Claims M/S/P Dunn/Morgan - To approve claims #85343 thru 85379 as presented. (Motion carried 4-0). 4. Waste to Energy Project update by Project Coordinator, Doug Wood. Mr. Wood stated that Washington and Ramsey Counties started negotiations with two vendors on October 4, 1984. The two vendors are NSP which are associates of National Ecology, and Aenco which is a subsidiary of Cargill Corporation. The Waste -to -Energy committee meets with each of these firms twice a week. Mr. Wood anticipates that this process will continue until December 7, 1984 when their construction bids are required. The first two items on the agenda of negotiations when these meetings started were financing options and site options. There is a firm committment from NSP in which they indicate they will be bidding their facility to be located in Newport. Aenco is still studying the Newport and Lake Elmo sites, however a representative from Aenco has indicated they are leaning towards the Newport site. The primary reason for this is that the property in Newport is owned by Cargill (just adjacent to North Star Steel Corporation). There are two primary reasons why NSP has elected the Newport site and Aenco is leaning towards this site. The first reason is that the area in Newport where this plant would be located is highly industrial and the City of Newport is welcoming an RDF development there. The second reason is the cost of the land and the land size requirement would be substantially less. Mr. Wood further stated that when he does receive the final word from Aenco, he will inform the City Administrator and the City's representative to the Waste -To -Energy Committee, Mike Mazzara. LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 2 The negotiation process is a two stage procurement process. The Commissioners do have the option to end it if they want to select one of these vendors. If they don't select one of these vendors, they will go back to the mass burn option. However, the numbers and the economics related to mass burn may still not be conducive to building that type of facility because they were starting to get out of the range that was acceptable for the Counties to participate, whereas the RDF was significantly less expensive and within the range (although it costs more in landfills) of what they expected an alternative to landfills to cost. The target schedule on the entire negotiation process is December 7th, 1984 because they are trying to determine if they can sell bonds by the end of the year because of the federal restrictions on the use of industrial development bonds. To do that, they would have to have the bids and the signed agreements by December 7, 1984. The decision on the site is anticipated to be finalized the week of October 22, 1984, because when the vendors prepare their bid packages it has to be in concert with what site they are going to build this facility on. The burden is on the vendors to select a site as soon as possible so they can prepare their c6struction bids. The committee is asking the County Boards to make a decision by December 14, 1984. Morgan stated he felt the advantages from the City of Lake Elmo's point of view for the mass burn facility would be less truck traffic and less residue to landfills, and the residue would probably be less dangerous. The disadvantage would be the smoke coming out of the stack. Wood stated the residues from these facilites are somewhat different because with RDF you produce a fuel and that fuel is being taken down to Red Wing, so the ash residue will be down there. What they separate out are metals, etc. that are not burned but taken to the landfills (which would be taken to a landfill anyway). With a mass burn facility, the residues are all in one group and then burned. and you do have the opportunity to change the chemical components of the materials. There are advantages and disadvantages to both options that have to be weighed. Morgan stated that a mass burn facility will destroy most of the organic material, and that includes hydrocarbons, etc. that are causing all of the problems. Wood stated that with an RDF facility, an attempt will be made to remove those materials, but obviously the solvents in the quantities that they get will either be absorbed into the material left for making ore, or will be treated and managed as a hazardous waste. Eder pointed out that assuming that the RDF process is selected, the only approved supported conditions by the Lake Elmo residents is the mass burn facility. If something other than that is proposed for Lake Elmo, we would have to talk about it again. He also asked if the $75,000 that was requested for planning purposes in Section 32 if the mass burn process started to move towards reality was still in the budget. Wood responded that that amount is still in the budget. i i" LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 3 The City Engineer asked if the second vendor still buy the RDF. Wood responded that the alternative markets (not NSP). is selected, will NSP second vendor is offering Mr. Wood further clarified that Cargill owns North Star Steel and North Star Steel owns the site that Aenco proposes for this site. The land acquisition process is not as involved as the Lake Elmo's site would be. The site proposed by NSP is privately owned property, but is owned by one person. Bohrer asked if NSP was not able to negotiate for the purchase of the land on which they propose to construct the RDF site, would the County use their eminent domain powers to obtain this land. Wood responded that subject has not yet been discussed, but is a common practice. Bohrer stated that what he was alluding to is that when the Lake Elmo site was being considered, a whole siting process went through and a lot of time was spent on the EIS. It seems like this RDF got fast -tracked somehow. Wood responded the discussion on an RDF facility started over a year ago, so it is not that fast. An EIS is required for any facility over 500 tons and will be done if the facility is located in Newport. One EIS is being done that includes all of the alternatives, instead of doing one for each option. The Administrator stated that it seems like Lake Elmo is turning into the second alternative and the Waste -to -Energy concept is turning into a second alternative with the RDF as the number one choice, and asked if this decision was based on economics or the best way to eliminate the use of landfills. Wood responded that RDF has a credible record. The facilities that are running are running successfully. There have been some problems, but they have been cured from experience. There was a facility in Duluth that had problems, but that was a federal research project and the federal government paid for it. The Administrator asked if the County Commission elected to go with the RDF system, would Lake Elmo be essentially eliminated. Wood responded that if the second vendor selects the Newport site, and if the%dounties elect to go with RDF, Lake Elmo would be elimiated. Mazzara stated that economics has a lot to do with the decision to go with the RDF alternative. 5. Peltier Rezoning Application from RR to I for 13 acres near CSAH 17 along I-94 for office/warehouse/truck terminal activities (continued from 10-2-84). Mr. Peltier withdrew this application. 6. City Council Reports (None) LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 4 7. City Administrator's Report A. Water Meter Reading Card Policy The Council discussed the proposed Policy of Water Meter Readings and asked that the following changes be made. 1. Those residents that notify the City office that they will be on vacation will not be charged a penalty for not returning their card. 2. Before the water is turned off, the resident should be notified by certified mail of the City's intentions. 3. Reword the policy so it states that if a resident is not returning the meter card, but is paying their water bill, the water will not be turned off. 4. Check to see if the penalty charges are legal. 5. Reword "maintenance man" to "City employee". The consensus of the Council is to table approval of this policy until it is reviewed by the Council after the above revisions have been made. B. Snow Removal Contracts for 1984-85 Winter Season The City received one bid for the winter snow plowing from the five that were solicited. The one bid received is from Dan Olinger (who did the work last year) and is asking for $70 per hour, approximately $5 more per hour for the use of his equipment and his time than last year. Dunn suggested that we check with Mr. Olinger on the rate that will be charged for a light snowfall. when the smaller machine is used. M/S/P Dunn/Morgan - To accept the bid from Dan Olinger for the 1984/85 winter season snow removal. (Motion carried 5-0). C. Setting City Council meeting date on Wednesday, November 7, 1984, instead of Tuesday, November 6, 1984 (Election Day) M/S/P Dunn/Morgan - To reschedule the regularly scheduled Council meeting in November from Tuesday, November 6, 1984, to Wednesday, November 7, 1984. (Motion carried 5-0). Fraser stated she will be out of town on November 7th and asked that any deferable non -red-hot items be deferred from this November 7th meeting. D. Reconsideration of appointment to Cottage Grove Ravine Watershed Commission. The Council reviewed the letter from Tom Armstrong in which he asks the Council to reconsider their appointment of the City Administrator LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 5 as representative to the Cottage Grove Ravine Watershed Commission; and because of his background with this project to appoint him as the representative. M/S/P Fraser/Morgan - To appoint Tom Armstrong as the City's representative to the Cottage Grove Ravine Watershed Commission and to appoint the City Administrator as the alternate to this Commission. (Motion carried 5-0). E. National Guard Request The Council reviewed the request from the Army National Guard in which they ask that the City sponsor an ad in their publication that would indicate the City's support of the National Guard Army. M/S/P Eder/Mazzara - To advise the Army National Guard that the City does not feel it appropriate to spend City funds for advertising, but the City of Lake Elmo does support their efforts. (Motion carried 5-0). F. Park Commission Recommendations 1.. Winter grooming contracts for ski trails. M/S/P Morgan/Dunn - To enter into an agreement with Washington County for the grooming of the cross country ski trails in Sunfish Park, as recommended by the Parks Commission. (Motion carried 5-0). 2. Portable sanitary facilities in Sunfish Park for 1984/85 cross country skiing season. M/S/P Morgan/Mazzara - To obtain a portable sanitary facility for Sunfish Park for the cross country ski season, as recommended by the Parks Commission. 3. Park Shelter Workers for 1985/85 winter season. M/S/P Morgan/Mazzara - To advertise for and hire one Park Shelter Supervisor at a wage not to exceed $3.75 per hour and to advertise for and hire three Park Shelter Workers at $3.35 per hour, as recommended by the Parks Commission. (Motion carried. 5-0). G. Other 1. Ordinance for the increase in the City Council's salary. The Administrator stated that on August 7th the City Council approved an increase in salary from $1500 to $1800 per year for the Council members and from $2000 to $2400 per year for the mayor. This increase should have been done by adopting an ordinance, instead of just a motion. M/S/P Mazzara/Fraser - To adopt Ordinance 79 63 setting the wage of the Mayor at $2400 per year and the wage of the City Council at $1800 ( per year for 1985 or until thereafter revised. (Motion carried 3-1-1 <Dunn> <Morgan>). LAKE ELMO CITY COUNCIL MINUTES 010-16-84 PAGE 6 Dunn stated he is against this increase because Council salaries are in his opinion not a means of income for living. People put in just as much time on the various commissions as they do the council and they don't get paid, and sees no justification for the increase. 2. Election Judges for the November 6, 1984 General Election. M/S/P Dunn/Morgan - To approve the election judges for the November 6, 1984 General Election as presented. (Motion carried 5-0). 3. Preliminary Plat and Variances Approval for David Nelson. Previously, Mr. Nelson asked that an accessory structure remain on a lot which is in excess of the size allowed; and to have the structure be there prior to the primary structure. Mr. Nelson revised his request and asked that the structure be allowed to remain until a house is built on the lot. The staff will draft the necessary agreement with Mr. Nelson to incorporate this variance into a legally binding agreement. M/S/P Fraser/Eder - To grant a variance to David Nelson to allow the existing structure to remain until a house is built on the lot. (Motion carried 5-0). Mr. Nelson also asked for a variance to allow the size of the accessory building to be in excess of what is allowed in that zone. The existing structure is 2400 square feet and 1000 square feet is allowed by code. M/S/P Morgan/Mazzara - To grant a variance to David Nelson to allow the size of the accessory building to be in excess of the maximum allowed for that zone. (Motion carried 5-0). The Engineer stated that the revised drainage computations have now been received from Mr. Nelson. He finds them to be acceptable and in accordance with City Standards. VBWD has not completed their review and any approval by this Council should. be conditioned on VBWD approval. The Engineer recommended that two comments be incorporated into the preliminary plat approval. These two comments can be addressed in the construction plans and the final plat. M/S./P Morgan/Dunn - To adopt resolution 84-57 approving the preliminary plat for David Nelson,contingent upon: (1) The ponding easement over Lot 3 should be revised slightly to better conform to the 907 contour; and (2) The emergency overflow ditch from the westerly ponding area should extend to the County Road 70 ditch and should be located in its own easement if it cannot be accomodated in the street right-of-way. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 7 4. Castle Design Update The Engineer stated he has received correspondence from Kenneth ( Gervais, Vice President of Castle Design in which Mr. Gervais has reconsidered his denial to allow the City to obtain a temporary construction easement. Mr. Gervais states this request is acceptable if (1) TKDA prepares the easement documents for their signature; and (2) It shall be limited to a 30 day easement and construction is to commence immediately and be completed in no longer than 30 days. The Engineer discussed the second contingency with Dave Wisdorf, and Dave has concerns with the weather conditions and the lateness of the season. Fraser suggested that we take the latter contingency and proceed in the spring. It is unreasonable to expect this to be done this season. Eder suggested that we advise Mr. Gervais that we are prepared to sign this agreement in the spring and accept his offer. Wisdorf estimates that under good conditions, it will take four or five working days (with a three man crew) to complete this work. The Engineer stated that Mr. Gervais has threatened to dump a load of dirt over the end of the culvert that extends onto his property and shut off the water that way. The consensus of the Council is to have the Engineer draft a temporary easement stating that the easement is in effect from April 15th to May 15th, 1985. The meeting was adjourned at 8:25 p.m. Ordinance 79-63 Salary Ordinance for Mayor and City Council Resolution 84-57 - Nelson Preliminary Plat Approval Since we do not have time to discuss every point presented, it may seem that decisions are preconceived" However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a '/Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated" Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMD CITY COUNCIL DCTOBER 16, 1984 7:00 p.m. Meetings Convenes 1, Agenda 2" Minutes: October 2, 1984 3. Claims 4" Presentations: Waste -to -Energy Project update by either Project Manager, Doug Wood from Washington County or Board Member, Mike Mazzara 5" Peltier Rezoning Application from RR to I for l3 acres near CSAH 17 along I-94 for office/ warehouse/truck terminal activities (continued from 10-2-94) 6^ City Council Reports 7. City Administrator`s Report A. Water Meter Reading Card Policy B. Snow Removal Contracts for 1984-65 winter season C. Setting City Council meeting date on Wednesday, November 7, 1984v instead of Tuesday, November 6, 1984 (Election Day) D. Reconsideration of appointment to Cottage Grove Ravine Watershed Commission F. National Guard request F. Park Commission recommendations l" Winter grooming contracts for ski trails 2" Portable sanitary facilities in Sunfish Park for 1984-85 cross country skiing season 3. Park shelter workers for 1984`85 winter season 4. 1985 CIP plus 1986-89 CIF'' 5" Other G. Other Gc)t-mc:j,.). Agendat itemiz cm., 4. 5, 71.), 7F 1. & 2 All oo Ou S2 CITY of LAKE ELMO MEMO October 11, 1984 TO: MAYOR AND CITY COUNCIL MEMBERS FR: PATRICK D. KLAERS, CITY ADMINISTRATOR RE: INFORMATIONAL MATERIAL FOR OCTOBER 16 COUNCIL MEETING 1" This ��g��d�~fg�_+���.��tgb���_l6l984'[������i�g is fairly light and should be a rather short meeting. However, everyone should be aware that the November 7, 1984 agenda is quickly filling up. Agenda items that are +enative for this November 7 meeting include a public hearing on the amendment of our water ordinance to include the restrictions on boating activities that was adopted in the spring of this year by resolution; a public hearing to formally adopt the ordinance accepting nominal 10 acre subdivisions which was approved by a motion of the City Council when they considered the Danielson Large Lot Subdivision; a review of the municipal water rates; a review of the snow plowing routes and policy; public inquiries; the Building nfficial`s contract; certify the election results; the Peltier Large Lot Subdivision (if the rezoning is approved); and other material, if the applicant is ready, for the Nelson Preliminary Plat; Dickhausen/Loetcher simple lot subdivision and variance; Hanson rezoning application and any shoreland permits that we receive" Enjoy / this short meeting on the 16th because it looks like the November 7 \ meeting will be quite lengthy" 2" Attached for your information is the most COGMA_City.NMMAter. dated October 9, 1984, 3" Wish to inform the City Council that the following individuals have filed for the gf�i��_gf_M��g�_��d_C�+�_�g���il " Mayor -- Council Member Dave Morgan and Mayor Maynard Eder, Council Member — Incumbent Laura Fraser, Planning Commission Member John Schiltz, Planning Commission Member Fred Nazarinan, Park Commission Member Rose Armstrong, Park Commission Member Arlyn Christ, Roy Rossow and Ron Smith" Because Councillor Dave Morgan is running for the office of Mayor, the City of Lake Elmo is guaranteed at least one new Council member who will begin a four year term in 1995" Additionally, I would like to note to the Council that the Q@Qig[l R[gggp@ with the new voting equipment has been going very smoothly. There has been a number of training sessions with the judges and there were very few problems experienced during the Primary in September" The staff plans on having one additional informational and training meeting with the head judges before the general Election on November 6, 1984^ l, as the appointed City Clerk, have the overall responsiblity for conducting the elections; but, I have delegated much of the responsibility for conducting the elections to Deputy Clerk, Kathy Crombie" I would like to indicate that she has done an excellent job in working with the judges and the County" We anticipate that the General Election will go very smoothly and that there will be no problems with the new equipment" ORMATIONAi MATERIAL FOR nCTn9ER 16 COUNCIL MEETING PAG| 4" Attached for your information are the from the Maintenance Foreman, Dave Wisdorfv the Fire Chief, Fran Pott and from the Washington County Sheriff's Department.. 5" Maintenance Foremanv Dave Wisdorf, has informed me that he has received the Council approved ���dig�~���d~��t����_���h�� " He is awaiting the arrival of the approved ����g~fg�^~th���d�����t�����k , This should be recieved shortly before the snow plowing season begins later this year. All three of these items were approved by the Council a few meetings ago" 6. Attached for your information is a map indicating the streets that are proposed to be striped in 1985" The QEeptg is an on going program that is done by Washington County for the City of Lake Elmo" The streets are evaluated on a yearly basis and then a request is made to Washington County to do this work.. 7" The City was informed by the Department of Health that the quarterly W@t0C_QQ , evaluated by the Department of Health, showed traces of bacteria" The Department of Health did a follow—up on the water samples submitted and again bacteria was found. The City was ordered to then do an emergency chlorination of the water system to clear up the situation. This took place on October 4 and 5 of last week and the situation has now been cleared up" Suprisingly, very few phone calls were received from the residents concerning the color or taste of the water for those few days" We do not anticipate any furthe problems with bacteria and the Department of Health is satisified with the most recent testing" They will he doing further tests in the next few weeks to verify that the situation is still cleared up" S. Attached for your information is another piece of information from the League of Minnesota Cities magagizine dealing with MoacablP_Wg[th ^ 9" Attached for your information are two "Fact Sheets" from Washington County. These fact sheets deal with These sheets are available in the entry way of the City Office for the public" 10" Wish to inform the City Council that the Staff has again been receiving numerous call concerning hUgti[lg in the City limits. As in 1983, many of these call have been coming from Section 24" We have informed the Deputies of these calls and asked them to give this area special attention. Also, I have copied the Council discussion on this topic, that took place last year, and sent it to a few residents who have made inquiries about the Council policy" As you may recall, we received a petition last year signed by 29 individuals from Section 24 requesting that hunting be banned in that area. When this was discussed at a following meeting, the Council Chamber was flooded with hunters who had obtained permission from land owners in the area to hunt in that section of the City" Consequently,, additional signs were placed in the area notifying individuals that the Hunting Ordinance is enforced and that written, dated permission must be obtained from property owners in order to hunt on their land, INFORMATIONAL MATERIAL FOR OCTOBER 16 COUNCIL MEETING PAGE 3 11" Attached for your information is a letter dated October 2, 1984, plus additional material relating to a �gt���+i�l~l��_���it regarding / an accident that took place near the eastern edge of the MSA project. � This material has been forwarded to the City Attorney. 12. In the most recent City Newsletter, C��hl��_TV~A22gi�t����t was tentatively on the agenda for this October 16 meeting" Upon further review of the Cable TV appointment material, it was determined that these appointments are made every two years and not annually; therefore, no Council action is required on this issue and this item is not on the agenda, 17. Attached for your information is a letter from the Washington County Assessor regarding a P�g���t��o�l��^-�hg�t�Cg���� . He is recommending that a Council member attend this course in order to obtain a better understanding of the assessment process. He recommends this as councils are commonly the Board of Review on property assessments. 14. Attached for your information are three pieces of material which relate to the change in the MY, Two newspaper articles and the material from the Transit Board indicate that the mil rate in Lake Elmo will be reduced by approximately 1/2 mil for each property owner" This amounts to approximately a $28,000 reduction in taxes received from the entire City by the Transit Board" For each homeowner it is estimated that this will result in approximately a $17 to $20 reduction in their taxes..